Grandparents rights

[rbeem127]

Yes, I have talked to him about. He fights me on everything, & my bio mom helps him financially when he comes & gets the kids. I know this from the last time we went to court & she was there supporting him. The bio mom isn't the one who did the molesting. It was my dad, then when she remarried it was her 15 year old step son who is still a registered sex offender according to Michigan, of which I found out. My bio mom knew about my sister & I bring molested. She also tried to cover things up when her step son did these things. He still comes over and spends a lot of time at there house. My ex just doesn't care.

 

[Proserpina]

The only edit happened at 11:05 this morning. Unless I am missing something. And you responded at 4 something this afternoon.

Seriously, it's not a big issue. But, since you DID bring it up initially (my post, that is), this is the direct copy/paste of the SECOND edit she did - not that it matters:

What is the name of your state (only U.S. law)? I live in Ohio, but my bio mom lives in Michigan. I have 4 children by my ex. I have been remarried for 5 years. My bio mother is trying to get grandparents rights to my 4 children. She gave up her rights to me when I was a teenager, and another couple took me in, but didn't adopt me. Their have been 7 children molested under the care of my bio mom, including me & my son. I don't have a relationship with her, and haven't for years. Besides, the children do get to see her while on visitations with my ex, of which I don't approve. Does my bio mom have any standing to get visitations? Thank you!!

The ages of my children are 12, 9, 7, & 5.
Last edited by rbeem127; Today at 08:05 AM.

I responded to her original post. You responded to her at-least-twice-edited post.

It really is that simple.

 

[Ohiogal]

Seriously, it's not a big issue. But, since you DID bring it up initially (my post, that is), this is the direct copy/paste of the SECOND edit she did - not that it matters:




I responded to her original post. You responded to her at-least-twice-edited post.

It really is that simple.

Never saw the original post and therefore since no one else responded to it there is no evidence that it stated that her ex should get custody. As for bringing it up, I asked a question. Was my question not nice enough for you?

 

[Ohiogal]

Yes, I have talked to him about. He fights me on everything, & my bio mom helps him financially when he comes & gets the kids. I know this from the last time we went to court & she was there supporting him. The bio mom isn't the one who did the molesting. It was my dad, then when she remarried it was her 15 year old step son who is still a registered sex offender according to Michigan, of which I found out. My bio mom knew about my sister & I bring molested. She also tried to cover things up when her step son did these things. He still comes over and spends a lot of time at there house. My ex just doesn't care.

Well then you may have an issue. You can attempt to modify the child custody to prevent contact with this woman but if she did NOT do it that makes it more difficult. You can explain to the court the issues with regards to molestation and sex offenders being around the children. That may at the very least LIMIT the amount of time the children can be around her (i.e. she cannot be around the children unsupervised).

 

[rbeem127]

Thanks so much for all the advice. It's just another headache, in a long line of headaches. I just don't understand why people refuse to work together for the sake of the children. God bless!!

 

[TinkerBelleLuvr]

If HER rights were terminated, as you state, she is NOT their grandmother. You are NOT her legal child, therefore, any children you have would be moot.

 

[TinkerBelleLuvr]

My bio moms parental rights were terminated when I was 14. I have sole custody of my kids. The ex has visitation rights once a month, but only takes them 3-4 times a year. He also lives in Michigan, but jurisdiction is in Ohio where I live. My sister & I were molested. My bio mom remarried & 5 more children were molested, including my son. The ex does allow the kids to be with her at times against my wishes. Thank for everyone's advice.

Verify that is isn't just that she had no parenting times, but that she is NOT legally your mother. This is where you need to go with it. In addition, if that is the case, go for the RO that she not be allowed near your children.

 

[Ohiogal]

If HER rights were terminated, as you state, she is NOT their grandmother. You are NOT her legal child, therefore, any children you have would be moot.

But because her ex is allowing the children around this woman the only way to force the issue is get a restraining order/no contact order prohibiting it. Her ex is allowed the children around anyone he desires including this woman who seems to have questionable judgment at the very least. That is why an order prohibiting her from any contact around the children through the custody order would be best.

 

[Ohiogal]

Verify that is isn't just that she had no parenting times, but that she is NOT legally your mother. This is where you need to go with it. In addition, if that is the case, go for the RO that she not be allowed near your children.

While she might not qualify to have standing to sue for grandparent visitation Ohio recognizes RELATIVE visitation and that doesn't mean she (bio grandma) won't get to see the children through the ex. She will qualify to sue however through the statute 3109.12 -- even though her rights were terminated:

§ 3109.12. Mother unmarried - parenting time, companionship or visitation rights


(A) If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with the child. If a child is born to an unmarried woman and if the father of the child has acknowledged the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code or has been determined in an action under Chapter 3111. of the Revised Code to be the father of the child, the father may file a complaint requesting that the court of appropriate jurisdiction of the county in which the child resides grant him reasonable parenting time rights with the child and the parents of the father and any relative of the father may file a complaint requesting that the court grant them reasonable companionship or visitation rights with the child.

(B) The court may grant the parenting time rights or companionship or visitation rights requested under division (A) of this section, if it determines that the granting of the parenting time rights or companionship or visitation rights is in the best interest of the child. In determining whether to grant reasonable parenting time rights or reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 of the Revised Code. Divisions (C), (K), and (L) of section 3109.051 of the Revised Code apply to the determination of reasonable parenting time rights or reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.

The marriage or remarriage of the mother or father of a child does not affect the authority of the court under this section to grant the natural father reasonable parenting time rights or the parents or relatives of the natural father or the parents or relatives of the mother of the child reasonable companionship or visitation rights with respect to the child.

If the court denies a request for reasonable parenting time rights or reasonable companionship or visitation rights made pursuant to division (A) of this section and the complainant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.

Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants parenting time rights or companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that parent's exercise of parenting time rights with the child or that person's exercise of companionship or visitation rights with the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.

History. Effective Date: 03-22-2001

Now will she win? Hard to say but most likely bio grandma will not. The courts in Ohio have been split upon whether that grandma is still grandma after termination or whether siblings are still siblings after a termination of rights. However OP has a much stronger argument for getting the case dismissed if her mother's rights to her were terminated! But the no contact order is a definite method -- or at least the best method -- of making sure dad does not allow exposure. Which seems to be what is happening.

 

[rbeem127]

I don't like that law that a relative can get visitation rights. It's like the parents rights don't matter a whole lot. What happened to the parents rights in all of this? I may be wrong, but it seems like the courts have more say so over my children than I do.

 

[Ohiogal]

I don't like that law that a relative can get visitation rights. It's like the parents rights don't matter a whole lot. What happened to the parents rights in all of this? I may be wrong, but it seems like the courts have more say so over my children than I do.

When you bring the court into it, the court does have say so over the children which can overrule the parents. However while the law gives relatives standing to sue for visitation rights, Troxel still applies. A detriment in lack of visitation MUST be shown. I don't think your biological mother will have that.

 

[rbeem127]

Thing is, I don't want the court involved lol. I really do appreciate y'alls help, I really do. I feel better knowing what may or may not happen.

 

[rbeem127]

I got the amended paper where my bio mom has filed a complaint against my ex as well. How can she do that when he allows her to see the kids? This is so frustrating.

 

[ecmst12]

She actually HAS to serve both parents to bring any action at all.

 

[TinkerBelleLuvr]

You have no choice now. If indeed, your biological mother is NOT your legal mother, get the attorney to quash the motion. Is she filing in Ohio?